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(영문) 수원지방법원 2019.06.26 2019고단568

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 23, 2007, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a fine of KRW 5 million from the same court on December 11, 2013 to a fine of KRW 5 million for the same crime, etc.

At around 21:00 on January 20, 2019, the Defendant driven a Dpoter II cargo vehicle with a blood alcohol concentration of about 0.123% in the section of about 10 meters from the front of Suwon-si, Suwon-si B to the front of the same Gu C, while under the influence of alcohol level of about 10 meters.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a cargo under the influence of alcohol again.

2. The Defendant is a person who is engaged in driving a DPoter II cargo vehicle.

On January 20, 2019, the Defendant driven the above cargo while under the influence of alcohol 0.123% of blood alcohol level around 21:00, and proceeded back to the right side of the E-real estate in front of E-real estate located in the right line C in Suwon-si, Suwon-si, at a speed of about 20km from the F bank to the slope of G elementary school at the speed of about 20km.

In this case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by accurately operating the steering wheel and brake system.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to bypass as it is, and took part in the right side part of the victim I (the 42-year-old bus), which was driven by the victim I (the 42-year-old) drive from H elementary school to the two-lanes of G elementary school, into the left part of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. A traffic accident actual condition survey report, accident site and photographs of related vehicles;

1. The circumstantial statements and investigation reports shall be made to the host driver; and